2011-054 ORD ISSUING SIX MONTH MORATORIUM ON ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNELIA SHOPS

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ORDINANCE NO. 2011-054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A SIX MONTH MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNELIA SHOPS OR RELATED BUSINESSES LOCATED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER, POLICE CHIEF AND CITY ATTORNEY TO WORK WITH THE CITY BUILDING OFFICIAL AND THE ENGINEERING PLANNING AND DEVELOPMENT DEPARTMENT TOWARD DEVELOPING NEW REGULATIONS FOR HEADSHOPS, SMOKE SHOPS AND DRUG PARAPHERNELIA SHOPS TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Paris Police Department along with other state and local law enforcement agencies have been challenged during the last two years trying to keep up with the dramatic rise in the sale and use of synthetic drugs in the City of Paris and surrounding communities; and WHEREAS, local law enforcement has watched in frustration as local head shops, smoke shops and certain convenience stores have displayed and sold various synthetic drugs (such as synthetic cannabinoids known as "K2" or "K Spice" and synthetic methamphetamine known as "Bath Salts", "White Angel" and "V"); and WHEREAS, the state legislature has now added some of these synthetic drugs to their growing list of controlled substances, but law enforcement has found that the synthetic drug producers are changing the chemical makeup of the new drugs just enough to get around state law; and WHEREAS, during the last twelve months, the Paris Police Department and Paris Emergency Medical Services have observed an increase in the number of adults and children being treated and hospitalized for overdoses or adverse medical reactions related to the use of synthetic drugs; and WHEREAS, investigation into these overdose and adverse reaction cases has shown that in several instances, these people obtained the synthetic drugs locally; and WHEREAS, under current zoning regulations head shops, smoke shops and drug paraphernalia shops are not identified "uses," therefore these shops may locate anywhere in the City that allows retail sales; and, WHEREAS, the Paris Police Department along with City's Planning and Engineering Department and Legal Department would like to study the City's zoning and development regulations and communicate with other state and local agencies to develop new methods or approaches for regulating head shops, smoke shops and drug paraphernalia shops to better protect the health and safety of the citizens residing in the City of Paris.